What role would a prosecutorial code of conduct play in the proposed reforms?

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A Prosecutorial Code of Conduct Would Establish Ethical Guidelines for the Public Prosecutor

A prosecutorial code of conduct is proposed as a crucial component to support reforms aimed at separating the roles of the Attorney General and the Public Prosecutor in Malaysia. This code would provide a framework for ethical behaviour and decision-making for the Public Prosecutor, complementing legislative and constitutional changes. The intention behind its inclusion is to ensure a higher standard of conduct and to further insulate prosecutorial decisions from undue executive influence.
A Proposed Mechanism for Ethical Governance

The concept of a prosecutorial code of conduct has been put forth by civil society group Projek SAMA. This proposed code would function as a set of ethical rules governing the actions of the Public Prosecutor. The mechanism for establishing this code involves the Yang di-Pertuan Agong prescribing it in writing, acting upon the advice of the Judicial and Legal Service Commission.
Integration with Legislative Frameworks

The proposed constitutional amendments to Article 145A are intended to be reinforced by a dedicated Office of the Public Prosecutor Act (OPPA). Within this broader legislative push, the prosecutorial code of conduct is envisioned as a specific instrument to outline ethical standards. This approach aims to create a comprehensive system that addresses not only the structural separation of roles but also the day-to-day ethical conduct of the prosecutor.
Safeguarding Against Executive Influence

A key objective behind the proposal for a prosecutorial code of conduct is to bolster safeguards against executive influence on prosecutorial decisions. By codifying ethical expectations, the reforms aim to create a more independent and transparent prosecutorial function. This is seen as essential for maintaining public trust and ensuring the rule of law.

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What role would a prosecutorial code of conduct play in the proposed reforms?

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